---
kind: "section"
citation: "25 C.F.R. § 38.1"
title: "25"
number: "38.1"
heading: "Scope."
url: "https://uscodex.org/cfr/25/38.1"
---

# §38.1. Scope.

- (a) **Primary scope.** This part applies to all individuals appointed or converted to contract education positions as defined in [§ 38.3](/cfr/25/38.3.md) in the Bureau of Indian Affairs after November 1, 1979. This part applies to elementary and secondary school positions and agency education positions.
- (b) **Secondary scope.** [Section 38.13](/cfr/25/38.13.md) applies to employees with continuing tenure in both the competitive and excepted service who encumber education positions.
- (c) **Other.** Where [25 CFR part 38](/cfr/25/part38.md) and a negotiated labor relations agreement conflict, the negotiated agreement will govern.

## Notes

### Authority

Authority: 25 U.S.C. 2011 and 2015, Secs. 1131 and 1135 of the Act of November 1, 1978, 92 Stat. 2322 and 2327; Secs. 511 and 512, Pub. L. 98-511; Secs. 8 and 9, Pub. L. 99-89; Title V of Pub. L. 100-297; Pub. L. 105-337.

### Source

Source: 53 FR 37678, Sept. 27, 1988, unless otherwise noted.